19981207Notice of Application - Order No 27817.doc

BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION

IN THE MATTER OF THE JOINT APPLICATION OF ALBION TELEPHONE COMPANY   FOR APPROVAL OF AN AGREEMENT FOR INTERCONNECTION PURSUANT TO 47 U.S.C.  252(e).
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NOTICE OF APPLICATION FOR APPROVAL OF INTERCONNECTION AGREEMENT

NOTICE OF MODIFIED PROCEDURE

ORDER NO. 27817

YOU ARE HEREBY NOTIFIED that on November 20, 1998, an Application was filed by Albion Telephone Company for approval of an interconnection agreement between Albion and Project Mutual Telephone Cooperative Association, Inc. (Project Mutual). The agreement, dated October 31, 1998, will enable the companies to implement extended area service (EAS) for their customers. The agreement was reached through voluntary negotiations and is submitted for approval pursuant to Section 252(e) of the Telecommunications Act of 1996.
YOU ARE FURTHER NOTIFIED that Project Mutual is a cooperative telephone association that provides local exchange service and other telecommunications services to customers in the Oakley, Burley/Heyburn, Paul, Rupert, Minidoka and Norland exchanges. Project Mutual is not regulated by the Commission. Albion Telephone is subject to Commission regulation and provides telecommunications services to customers in the Albion, Raft River, Malta, Elba and Almo exchanges. The interconnection agreement provides terms for EAS calling between the Albion and Project Mutual exchanges.
YOU ARE FURTHER NOTIFIED that Section 252(e)(2) of the Act directs that a state commission may reject an agreement reached through voluntary negotiations only if the commission finds that
(i) the agreement (or portions thereof) discriminates against a telecommunications carrier not a party to the agreement; or

(ii) the implementation of such agreement or portion is not consistent with the public interest, convenience and necessity.

The parties assert that the Agreement does not discriminate against other telecommunication carriers and that it is consistent with the public interest, convenience and necessity.
YOU ARE FURTHER NOTIFIED that the Commission has reviewed the filings of record in Case No. ALB-T-98-4. The Commission has determined that the public interest may not require a hearing to consider the issues presented and that the issues raised by the Application may be processed under Modified Procedure, i.e., by written submission rather than by hearing. See Commission Rules of Procedure, IDAPA 31.01.01.201-.204.
YOU ARE FURTHER NOTIFIED that the Commission may not hold a hearing in this proceeding unless it receives written protests or comments opposing the use of Modified Procedure and stating why Modified Procedure should not be used. See IDAPA 31.01.01.203.
YOU ARE FURTHER NOTIFIED that any person desiring to state a position on this Application may file a written comment in support or opposition with the Commission within twenty-one (21) days from the date of this Notice. The comment must contain a statement of reasons supporting the comment. Persons desiring a hearing must specifically request a hearing in their written comments.
YOU ARE FURTHER NOTIFIED that if no written comments or protests are received within the deadline, the Commission will consider the matter on its merits and enter its Order without a formal hearing. If comments or protests are filed within the deadline, the Commission will consider them and in its discretion may set the matter for hearing or may decide the matter and issue its Order on the basis of the written positions before it. See IDAPA 31.01.01.204.
YOU ARE FURTHER NOTIFIED that written comments concerning Case No. ALBT98- 4 should be mailed to the Commission and the Companies at the addresses reflected below:
COMMISSION SECRETARY CONLEY WARD
IDAHO PUBLIC UTILITIES COMMISSION GIVENS PURSLEY LLP
PO BOX 83720 PO BOX 2720
BOISE, IDAHO 83720-0074 BOISE, IDAHO 83701

Attorney for Albion Telephone

Street Address for Express Mail: CHARLES H. CREASON, JR.
PROJECT MUTUAL TELEPHONE
472 W WASHINGTON ST COOPERATIVE ASSOCIATION, INC.
BOISE, IDAHO 83702-5983 PO BOX 366
RUPERT, IDAHO 83350-0366

All comments should contain the case caption and case number shown on the first page of this document.
YOU ARE FURTHER NOTIFIED that the Application and Agreement together with supporting workpapers, and exhibits have been filed with the Commission and are available for public inspection during regular business hours at the Commission offices.
YOU ARE FURTHER NOTIFIED that all proceedings in this case will be held pursuant to the Commission's jurisdiction under Title 61 and Title 62 of the Idaho Code and that the Commission may enter any final Order consistent with its authority under Title 61 or Title 62.
YOU ARE FURTHER NOTIFIED that all proceedings in this matter will be conducted pursuant to the Commission's Rules of Procedure, IDAPA 31.01.01.000 et seq.
O R D E R
IT IS HEREBY ORDERED, upon review of the filings in this case and the determination of the Commission, that the Application of Albion Telephone Company for approval of an interconnection agreement with Project Mutual be processed by Modified Procedure. Commission Rules of Procedure 201-204; IDAPA 31.01.01.201-204.

DONE by Order of the Idaho Public Utilities Commission at Boise, Idaho this day of December 1998.

DENNIS S. HANSEN, PRESIDENT

RALPH NELSON, COMMISSIONER

MARSHA H. SMITH, COMMISSIONER

ATTEST:

Myrna J. Walters
Commission Secretary

vld/O:ALB-T-98-4.ws

NOTICE OF APPLICATION FOR APPROVAL
OF INTERCONNECTION AGREEMENT
NOTICE OF MODIFIED PROCEDURE
ORDER NO. 27817 -1-

Office of the Secretary
Service Date
December 7, 1998